Assignment Task

This unit specifies the skills and knowledge required to work ethically in real estate. It includes expressing a thorough understanding of ethical standards in real estate. This unit supports real estate professionals in reducing financial and reputational risks, in meeting consumer protection standards, and in dealing responsibly with ethical breaches and challenges. This unit applies to people currently working in or seeking to work in real estate. State or territory licensing requirements may apply to this unit.

Information for Participants

Assessing your competence in this unit

In this unit you must be able to demonstrate your underpinning knowledge and ability to perform the tasks relating directly to the learning outcomes and performance criteria. This means that you have to demonstrate that you are competent at accessing and interpreting the legislation applicable to real estate and can correctly apply ethical principles in your dealings with clients.

This assessment pack includes four forms of assessment:

• Multiple Choice Questions 
• Written Answer Questions
• Case Study/Scenario
• Project/Assignment

Part

A. Questions

Most questions are multiple-choice and you should circle the letter of the response which best answers the question or completes the statement most accurately. Some questions may have more than one correct answer, and that is indicated in the question itself. For true/false questions, circle either the word `true` or `false` to match your response to the question. In mix-and-match questions, you are required to match the column of key words presented on the left-hand column to the right-hand column.

B. This assessment comprises a series of questions relating to the elements and performance criteria for this unit of competency. The questions have been mapped to the assessment criteria for this unit of competency, as well as to the required skills and knowledge and understanding.

C. Case Study/Scenario

In Part C of the assessment you will be required to answer the questions in the case study scenarios. Your assessor will be looking to see how you respond to questions and for the skills and knowledge that you would need to apply to a satisfactory standard. The timescale for return of your written questions and answers will be advised by your trainer/assessor.

D. Project

This assessment you will be required to complete a number of written answer questions based on a published case study pertaining to a real estate industry prosecution where consumer protection requirements were breached. The timescale for return of your written questions and answers will be advised by your trainer/assessor.

1. Explain in your own words what communication strategies you would adopt in order to build rapport with clients, determine their needs and provide accurate advice

2. Explain the steps you would take to accurately identify the issues and handle a customer complaint efficiently.

3. If you are contracted by a buyer to find a property on their behalf, can you receive commission from both parties to the transaction?

4. Why is it vital that you consider ethical practices when making personal business decisions?

5. What responsibilities do employers have in relation to workplace health and safety?

6. What responsibilities do employees have in relation to workplace health and safety?

7. What specific areas of legislation does this breach?

8. What is the connection between the Applicant’s unethical practice and the consumer protection requirements?

9. What sources of specialist advice should the Applicant have sought to ensure that she adhered to the ethical standards and codes of conduct?

10. Explain how the Applicant contravened the following Real estate Codes of Conduct, ethical standards and codes of practice in line with the case details.

Background

• On 30 August 2018, the respondent issued a determination to take disciplinary action against the applicant under s 198 of the Property Stock and Business Agents Act 2002 (“the PSBA Act”). The disciplinary action was:
  • The license of the applicant was canceled under 192(1)(g) of the PSBA Act(this comprised a real estate agent, stock and station agent and business agent license);
  • The applicant was declared to be disqualified from holding a license or acertificate of registration for the purposes of the PSBA Act for a period of 7 years; and
  • The applicant was disqualified from being involved in the direction, management conduct of the business of a licensee for a period of 7
• The applicant sought internal review of this The internal review affirmed the original decision, with the exception that the period of disqualification in (2) and (3) above was reduced from 7 years to two years.
• The respondent’s decision was stayed by the Tribunal on 22 November 2018 until further order of the Tribunal subject to conditions that:
  • If the applicant is to work in the real estate industry she is to be employed by an appropriately qualified person; and
  • She was not to deal with trust

A number of grounds were relied upon for the purposes of the determination. In these proceedings, the respondent relies on the single ground that she is not a fit and proper person to hold a licence.